Illinois Requires Written Sexual Harassment Prevention Policies For All Public Contractors

Illinois’ amended COVID-19 Shelter in Place rules permits essential workers, which includes most businesses that contract with the State of Illinois for essential services, including construction and healthcare, to continue to perform their essential functions. For businesses bidding for work with Illinois during this COVID-19 time they must understand and comply with the Illinois Human Rights Act regarding sexual harassment prevention policy and training.

Illinois law requires all parties to a public contract and all eligible bidders to have a written sexual harassment policy covering their employees and applicants for employment.

This requirement for a Sexual Harassment Prevention Policy applies regardless of the number of persons employed or the dollar value of any public contract. According to Section 2-105(A) (4) of the Illinois Human Rights Act, each sexual harassment policy must contain the following elements:

A statement that sexual harassment is illegal.

The definition of sexual harassment under the Illinois Human Rights Act.

A description of the acts that constitutes sexual harassment, with examples.

The employer's internal complaint procedure, including penalties.

The legal recourse, investigative, and complaint process available through the Illinois Department of Human Rights (IDHR) and the Illinois Human Rights Commission (IHRC).

Information as to how a person can contact IDHR and IHRC.

Information regarding the protection against retaliation under Section 6-101 of the Illinois Human Rights Act.

A copy of the employer's policy must be submitted to the Department or to a contracting agency upon request.

Although working remotely to promote safety from the virus, the McKenna Firm remains open and ready to assist you with all your insurance coverage, business, transactional, employment and litigation needs as well as your personal financial planning needs.

If you have any questions, please contact Kristin Tauras at ktauras@mckenna-law.com. Kristin devotes a significant portion of her practice to employment litigation.

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